The newspaper (reporter Gao Lihong correspondent Zhang Xiaomin) in recent years, online shopping increasingly become http://www.aliyun.com/zixun/aggregation/30525.html "> Urban white-collar consumption of the main way, and the disputes caused by the network has repeatedly occurred." Compared with the traditional mode of consumption, the legitimate rights and interests of consumers in the online shopping process is more difficult to protect the rights. The day before yesterday afternoon, from the city High Court held a press conference, was informed that in recent years, the city court to accept a few online shopping disputes, the country's other provinces and autonomous regions of the courts are rarely entertained in this area of the case.
The case of online shopping disputes in the city
Only one case has been entertained so far
It is understood that the city Court so far entertained only one case of the online purchase dispute, that is, in September 2011 by the Hedong District Court concluded a service contract dispute.
The case stems from November 1, 2010, a group purchase website released a "55 Yuan to buy the national chain luxury super large quantity of vending KTV Tianjin shop million 5 heavy gift package" information. Because of favorable conditions, there have been more than 3,000 people participated in the group purchase. Later, the introduction of group buying entertainment companies think the reception capacity is insufficient, the cancellation of the purchase scheme. The website also stated that consumers can choose to refund or change the content of the group purchase.
Mr. Guo said the move violated the legitimate interests of consumers, suspected of fraud, so the entertainment companies and website start-up company sued the court to claim 110 yuan. The court thought that the two defendants did not have the subjective intention of fraud, and the verdict dismissed the plaintiff's appeal. After the sentence was pronounced, the original defendant served the judgment.
Although the defendant has won the law, there is a lack of reasonable sense. Throughout this group buying process, the entertainment company in preparation, did not consider the actual reception capacity, the site did not actually inspect the venue of the entertainment company, and did not seriously confirm the validity of the contract will be hasty release of the purchase message, which is the cause of the contradictions in this case. The judge reminded that the second defendant, as a service unit, should proceed from reality, strictly standardize the service process and guarantee the lawful rights and interests of the consumers.
The city court will present
Corresponding trial countermeasures
At the press conference, Cai Zhiping, president of the City High Court, in introducing the work objectives of the municipal courts in 2013, mentioned that disputes in the field of online shopping should be handled according to law, and the Innovation of industrial organization and business model under the network environment should be promoted.
City high Courtyard People one court president Liu introduced, the network consumer dispute is a kind of new type case, currently all over the country court accepts this kind of case is not many, regarding this kind of case jurisdiction and so on aspect question also is still discussing. The city court will boldly explore in the course of future trial, and put forward the corresponding trial countermeasures for reference in such cases.